JAS - HP Maintenance Renewal 2024 Storage Requirements (3PAR).xlsx

CD

Terms

All quotes are hardware repair only unless otherwise specified.

Smart 3rd Party, LLC, shall maintain the hardware listed on the quote in good working order. Smart 3rd Party, LLC, shall exchange faulty hardware for new, used, reconditioned or refurbished, 3rd party, or functionally equivalent hardware. Faulty hardware shall become the property of Smart 3rd Party, LLC,. Failure to return faulty hardware that can be repaired will result in an invoice to the customer. All services are dependent upon hardware availability on reasonable terms. If hardware cannot be replaced or if parts are no longer available Smart 3rd Party, LLC, will work with the customer to find a mutually acceptable solutions or refund a prorated portion of the contract for that specific device.

Smart 3rd Party, LLC,’s hardware maintenance is limited to repairs that are a result of normal usage and wear and tear. Damage caused by fire, flood, water, lightening, power events such as surges or brown outs, transportation, moves, or negligence or misuse are not covered. Damages caused by customer’s improper use, management, or supervision including electrical power, air conditioning, or humidity control are not covered. Maintenance or repairs based on Customer’s unauthorized attempt to repair or maintain the Equipment, or any changes, modifications, or alterations in or to the Equipment are not covered. Customer will contact Smart 3rd Party, LLC, for authorization prior to attempting repair or maintenance of the covered Equipment. Consumable items such as batteries are not covered.

No licenses, software, application, OS, or IP services are included. Whole unit replacements do not fall under the SLA and may require more time than the contracted SLA. Replacement licenses or license transfers and replacement software is not included. Restoration of OS, application, or data is not included. Customer agrees to maintain complete backup of all systems covered by this agreement including all OS, software, application, and data.

Smart 3rd Party, LLC, WILL NOT BE LIABLE FOR ANY REINSTATEMENT OR RECERTIFICATION FEES IMPOSED BY ANY PARTY AT ANY TIME. Smart 3rd Party, LLC,’S TOTAL LIABILITY FOR ANY CLAIM OF ANY TYPE WHATSOVEVER IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO PROVEN DIRECT DAMAGES CAUSED BY Smart 3rd Party, LLC,’S SOLE NEGLIGENCE. THE CUSTOMER’S EXCLUSIVE REMEDY FOR ANY CLAIM OF NEGLIGENCE WILL NOT EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY THE CUSTOMER DURING THE ONE (1) YEAR PERIOD PRECEDING THE DATE OF LIABILITY. Smart 3rd Party, LLC, SHALL NOT BE LIABLE IN CONTRACT LAW, TORT, OR ANY OTHER THEORY OF LAW, FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR CONSEQUENTIAL DAMAGE PERTAINING TO THE MAINTENANCE SERVICE OR EQUIPMENT OUTLINED IN THIS AGREEMENT. Smart 3rd Party, LLC, WILL NOT BE LIABLE FOR LOSS OF DATA, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF USE OF THE EQUIPMENT OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTED FACILITIES OR EQUIPMENT, OR SERVICE DOWN-TIME COSTS. THIS LIMIT OF LIABILITY SHALL ALSO EXTEND TO CUSTOMERS OF THE CUSTOMER, NO MATTER HOW SUCH DAMAGES OCCURRED, WHETHER OR NOT BECAUSE OF NEGLIGENCE, STRICT LIABILITY, FAULT, OR DELAY OF Smart 3rd Party, LLC,, OR BREACH OR FAILURE TO PERFORM THIS AGREEMENT.